
Book -^7 



INDIANA 



SCHOOL LAWS 

Enacted by the General Assembly of 1911 



Arranged by the State Department 
of Public Instruction 



CHAS. A. GREATHOUSE 

state Superintendent 



INDIANAPOLIS : 

WM. B. BURFORD, CONTBACTOR FOR STATE PRINTING AND BINDING 

1911 



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I N D I AjN A 



School Laws Enacted by the General Assembly 

of 191 1 

This pamphlet, containing those school laws passed by 
the General Assembly of 1911 that are of general inter- 
est, is issued in the hope that it may be valuable and con- 
venient to the school officials of the State. 

CHAS. A. GREATHOUSE, 

Superintendent of Public Instruction. 



(3) 



TABLE OF CONTENTS 



PAGE 

United States Flag — Purchase of, by school corporations 5 

Medical inspection — Of school children 5 

Schoolhouses — Healthful provision of 8 

County superintendent — Election 13 

County superintendent — Salary — Assistant 14 

Examination of teachers — Exemption 17 

Teachers — Minimum wages 19 

Teachers — Payment for attending associations, etc 20 

Legal holidays 20 

Township trustee — Election 21 

Schoolhouses — The use of, when located in incorporated towns 21 

School boards — May be discontinued in towns not exceeding 1,500 22 

Township trustee — Legalizing debt paid from special school fund 23 

Township trustee — Legalizing debt incurred for school building 23 

Township trustee — Legalizing indebtedness for emergencies 25 

Township trustee — Legalizing township bonds 27 

Transportation — Providing for, from adjoining townships 28 

Transfer, Outside of State 28 

Transfers — For children in correctional, charitable, and benevolent insti- 
tutions 29 

High School — May be continued longer than elemeatary schools 30 

Joint High Schools — To provide building, equipment, and support 31 

Joint schoolhouses — By two or more school corporations 33 

Kindergarten — Requiring the levying of a tax in cities 36 

Night schools — Providing for the maintenance of, in certain cities 36 

School boards — Election of, in cities of more than 55,000 and less than 

63,000 inhabitants (Terre Haute) 37 

School board — (Indianapolis) 41 

Art Association — (Lidianapolis) 46 

Industrial and agricultural education — Commission for 47 

Trade and Industrial — Schools 49 

Bonds — To empower school boards in towns of 1,000 population to borrow 

money and issue bonds 50 

School property — Sale of 52 

Children — Adoption of dependent and neglected 52 

County Auditor — Legalizing certain sales of real estate 54 

Educational institutions — To exercise the right of eminent domain 55 

School fimd — Surplus of hydrophobia fund 56 

School fund — Liquor license fees 58 

School funds — Deposit and withdrawal from depositories 60 

School funds — Place of deposit 63 



INDIANA SCHOOL LAWS ENACTED BY THE 
GENERAL ASSEMBLY OF 1911 



UNITED STATES FLAG. 

(Acts 1911, p. 453.) 

. Section 1. Be it enacted by the General Assembly of 
the State of Indiana, That section 1 of the above entitled 
act be amended to read as follows : 

Section 1. It shall be the duty of the township trus- 
tees, boards of school trustees and boards of school com- 
missioners of the various school corporations of this state, 
upon the petition of a majority of the school patrons of 
any district school to procure a United States flag not less 
than six feet long for each school under their supervision. 

Sec. 2. That section two of the above entitled act be 
amended to read as follows : Section 2. The township 
trustees, boards of school trustees and boards of school 
commissioiners of the various school corporations in this 
state shall cause the United States flag to be displayed 
upon every public school building under their control on 
every school day such school is in session : Provided, That 
the weather conditions permit. Such trustees and boards 
shall establish rules and regulations for the proper care, 
custody and display of the flag and when for any cause it is 
not displayed, it shall be placed conspicuously in the prin- 
cipal room or assembly hall of the school building. 



MEDICAL INSPECTION OF CHILDREN. 

(Acts 1911, p. 485.) 

Section 1. Be it enacted by the General Assembly of 
the State of Indiana, That all school trustees and township 
trustees are herewith permitted and recommended to in- 
stitute medical inspection of school children at any time, 

(5) 



the said trustees may require teachers to auuually test 
the sight and hearing of all school children under their 
charge, the said tests and uses thereof to be made accord- 
ing to the rules hereinafter authorized. 

Sec. 2. The term, medical inspection, as used in this 
act, shall be held to mean the testing of the sight and hear- 
ing of school children and the inspection of said children 
by school physicians for disease, disabilities, decayed 
teeth or other defects, which may reduce efficiency or tend 
to prevent their receiving the full benefits of school work. 

Sec. 3. Beginning with the school year 1911, school 
trustees and township trustees may ajopoint at least one 
school physician for each school corporation: Provided, 
Where practicable, two or more school corporations may 
unite and employ one such physician, whose duties shall 
be such as are prescribed in this act and the authorized 
rules, but no physician shall have more than 2,000 school 
children under his charge. Said school physicians shall be 
graduates of a medical college, recognized by the state 
board of registration and examination, shall hold a license 
to practice medicine in Indiana, and shall be informed and 
skilled in medical inspection of children, informed in the 
health laws and health rules of the state board of health, 
shall be temperate, able-bodied, cleanly in person, not ad- 
dicted to drugs, and of good moral character, and no others 
shall be appointed. School physicians may be discharged 
by the appointing power at any time. School physicians 
shall serve one year and until their successors g,re ap- 
pointed, and shall receive such compensation as the ap- 
pointing trustee or trustees may determine. 

Sec. 4. School physicians shall make prompt exam- 
ination and diagnosis of all children referred to them and 
such further examination of teachers, janitors and school 
buildings as in their opinion the protection of the health of 
the pupils and teachers may require. Wlienever a school 
child is found to be ill or suffering from any physical de- 
fect, the school physician shall promptly send it home, with 



a note to parents or guardians, briefly setting forth the dis- 
covered facts, and advising that the family physician 
be consulted. If the parents or guardians are so poor 
as to be unable to give the relief necessary, then 
school trustees and township trustees, as the case may 
be, shall provide the necessary relief: Provided, That 
in cities where public dispensaries exist, the relief 
shall be given by said dispensaries. School physicians 
shall keep accurate card-index records of all examinations, 
and said records, that they may be uniform throughout the 
state shall be according to the form prescribed by the rules 
authorized in this act, and the method and manner of re- 
ports to be made shall be according to said rules : Provided, 
hoivever, That if the parent or guardian of any school child 
shall at the beginning of the school year furnish the written 
certificate of any reputable physician that the child has 
been examined and parents notified of the results of such 
examination in such cases the services of the medical in- 
sj^ector herein provided shall be dispensed with, and such 
certificate shall be furnished by such parent or guardian 
from time to time, as required by the trustee or board of 
trustees having charge of such schools. 

Sec. 5. The state board of education and the state 
board of health, shall jointly pass rules for the detail en- 
forcement of the purposes of this act, which. rules shall 
bear the printed seals of said boards; the said rules to 
be printed and promulgated by the state printing board ; 
promulgation to consist in supplying a reasonable number 
of copies to each county superintendent from whom all who 
are interested may procure a copy. 

Sec. 6. All violations of this act, except as otherwise 
provided, shall be punished by a fine of not less than ten 
or more than fifty dollars. 



SANITARY SCHOOL BUILDINGS. 

(Acts 1911, p. 118.) 

Section 1. Be it enacted hi/ the General Assembly of 
the State of Indiana, That after the going into effect of 
this act, all schoolhouses which shall be constructed or re- 
modeled, shall be constructed in "accordance and conform to 
the following sanitary principles, to wit : 

(a) Sites. All sites shall be dry, and such drainage 
as may be necessary to secure and maintain dry grounds 
and dry buildings, shall be selected and supplied. Said 
site and said buildings shall not be nearer than 500 feet to 
steam railroads or any noise-making industry or any un- 
healthful conditions. Good dry walks shall lead from the 
street or road to every schoolhouse and to all outhouses, 
and suitable playgrounds shall be provided. 

(b) Buildings. School buildings, if of brick, shall have 
a stone foundation, or the foundation may be of brick, or 
concrete: Provided, a layer of slate, stone or other im- 
pervious material, be interposed above the ground line, or 
the foundation may be of vitrified brick and the layer of 
impervious material will not be required. Every two- 
story schoolhouse shall have a dry, well-lighted basement 
under the entire building, said basement to have cement or 
concrete floor and ceiling to be not less than ten feet above 
the floor level. The ground floor of all schoolhouses shall 
be raised at least three feet above the ground level and 
have, when possible, dry, well-lighted basement under the 
entire building, and shall have a solid foundation of brick, 
tile stone or concrete, and the area between the ground 
and the floor shall be thoroughly ventilated. Each pupil 
shall be provided with not less than 225 cubic feet of space. 
and the interior walls and ceiling shall be either painted or 
tinted in some neutral color as gray, slate, buff or green. 

(c) Lighting and Seating. All schoolrooms where pu- 
pils are seated for study, shall be lighted from one side only 
and the glass area shall be not less than one-sixth of the 
floor area and the windows shall extend from not less than 



9 

four feet from the floor to at least one foot from the ceil- 
ing, all windows to be provided vv^ith roller or adjustable 
shades of neutral color as blue, gray, slate, buff or green. 
Desks and desk seats shall preferably be adjustable, and at 
least twenty per cent., of all desks and desk seats in each 
room shall be adjustable, and shall be so placed that the 
light shall fall over the left shoulders of the pux)ils. For 
left-handed pupils, desks and seats may be placed so as to 
permit the light to fall over the right shoulder. 

(d) Blackboards and Cloakrooms. Blackboards shall 
be preferably of slate, but of whatever material, the color 
shall be a dead black. Cloakrooms, well-lighted, warmed 
and ventilated, or sanitary lockers, shall be provided for 
each study schoolroom. 

(e) Water Supply and Drinking Arrangements. All 
schoolhouses shall be supplied with pure drinking water 
and the water supply shall be from driven wells or other 
source approved by the health authorities. Only smooth, 
stout glass or enameled metal drinking cups shall be used ; 
water buckets and tin drinking cups shall be unlawful and 
are forbidden ; and whenever it is practicable, flowing sani- 
tary drinking fountains which do not require drinking cups, 
shall be provided. All schoolhouse wells and pumps shall 
be supplied with troughs or drains to take away waste 
water, and under no conditions shall pools or sodden places 
or small or large mudholes be allowed to exist near a well. 
When water is not supplied at pumps or from water faucets 
or sanitary drinking fountains, then covered tanks or 
coolers sup])lied with spring or self-closing faucets shall be 
l^rovided. 

(f) Heating and Ventilation. Ventilating heating 
stoves, furnaces, and heaters of all kinds, shall be capable 
of maintaining a temperature of 70 degrees Fahrenheit in 
zero weather and of maintaining a relative humidity of at* 
least 40 per cent. ; and said heaters of all kinds shall take 
air from outside the building and after heating, intro- 
duce it into the school room at a point not less than five nor 
more than seven feet from the floor, and at a minimum 

[2-26760] 



10 

rate of thirty (30) cubic feet per minute for each pupil re- 
gardless of outside atmospheric conditions : Provided, That 
when direct-indirect steam heating is adopted, this provi- 
sion as to height of entrance of hot air shall not apply. 
Halls, office rooms, laboratories and manual training 
rooms, may have direct steam radiators, but direct steam 
heating is forbidden for study schoolrooms, and direct-in- 
direct steam heating is permitted. All schoolrooms shall 
be provided with ventilating ducts of ample size to with- 
draw the air at least four times every hour, and said ducts 
and their openings shall be on the same side of the room 
with the hot air ducts. 

(g) Water-closets and Out-houses. Water-closets or 
diy closets when provided, shall be efficient and sanitary in 
every particular, and furnished with stalls for each hopper 
or place ; and when said water or dry closets are not pro- 
vided, then sanitary outhouses, well separated for the 
sexes, shall be provided. Good dry walks shall lead to all 
outhouses and screens or shields be built in front of them. 
Outhouses for males shall have urinals arranged with stalls 
and with conduits of galvanized iron, vitrified drain pipe, 
or other impervious material, draining into a sewer, vault 
or other suitable place, approved by the health authorities. 
Any school trustee or trustees, who shall build or con- 
struct any schoolhouse or cause to be built or constructed 
any schoolhouse which does not include each and every sani- 
tary provision commanded in this act, shall, upon convic- 
tion, be fined in any sum not less than one hundred nor 
more than five hundred dollars ; and any money claim for 
the material entering into, or any money claim for the con- 
struction of any schoolhouse, which does not in every way 
and all respects comply with the requirement of this act, 
shall be null and void. 

Sec. 2. ^Vlienever, from any cause, the temperature of 
a schoolroom falls to 60 degrees Fahrenheit or below, with- 
out the immediate prospect of the proper temperature, 
namely, not less than 70 degrees Fahrenheit, being attained, 
the teacher shall dismiss the school until the fault is cor- 
rected ; and it shall also be the duty of all teachers to imme- 



11 

diately send home any pupil who is perceptibly ill in any 
way, or who is unclean and emits offensive bodily odors or 
who is infested with lice or other vermin; and the truant 
officer shall arrest and prosecute parent or guardians who 
do not rid their children of vermin and bodily uncleanli- 
ness, when notified to do so. Refusal of parents or guar- 
dians to free their children or wards of vermin or to bathe 
aiM cleanse them, making them fit to go to school, shall be 
punished by a fine of not less than five dollars and im- 
prisonment for ten days or both. And if the refusal or ne- 
glect of jjarents or guardians to bathe and cleanse their 
children or wards makes it necessary, then the truant offi- 
cer, upon order of the school authorities, shall have it done, 
the cost to be paid by the school authorities from the school 
funds. Whenever diphtheria, scarlet fever or other conta- 
gious and infectious diseases break out in any school, it 
shall be the duty of the township trustee, school board, 
school trustee or the school authority or authorities having 
control, to have medical inspection made of the pupils, and 
all found in any degree ill, shall be sent home and there re- 
tained until the local health officer gives a certificate of 
health, then such child may be again admitted to school. 
It shall be unlawful for school authorities to employ teach- 
ers or janitors who are not able-bodied or who are addicted 
to drugs or intemperate or who has tuberculosis or syphilis. 
All school houses shall be specially cleaned and disinfected 
each year, before they are used for school pur])oses. The 
cleaning shall consist in first sweeping, then scrubbing the 
floors, washing the windows and all woodwork, including 
the wooden parts of seats and desks, and the disinfecting 
shall be done in accordance with the rules of the state board 
of health. Township trustees, school boards and boards 
of school commissioners who neglect or refuse to obey the 
provisions of this section, shall be fined in any sum of not 
less than ten nor more than one hundred dollars, and each 
said refusal or neglect shall constitute a separate offense 

Sec. 3. There shall be taught in each year in the fifth 
grade of every public school in Indiana, the promary prin- 



12 

ciples of hygiene and sanitary science, and especially shall 
instruction be imparted concerning the principal modes by 
which each of the dangerous, communicable diseases are 
spread, and the best sanitary methods for the restriction 
and prevention of each such disease. Hygiene may also 
be taught in other grades at the will of school authorities. 
The state health connnissioner and the state superinten- 
dent of public instruction shall jointly write, compile or 
originate printed data in leaflet form, setting forth as 
l)lainly as possible, the primary principles of hygiene and 
sanitary science, and information concerning the preven- 
tion of diseases, and supply the same to all county super- 
intendents, and said superintendents shall supply all the 
schools intlieir respective counties andseetoit that teachers 
do not fail to comply with this section: Provided, That for 
all cities and towns having school superintendents, the 
said leaflets and pamphlets shall l)e sent direct to such su- 
perintendents, who shall see to it that teachers comply 
with this section. The state printing board shall publish 
from its funds all health leaflets or pamphlets as are herein 
1 rovided for, and shall also pay the cost of distribution of 
the same to county, city or town superintendents, from the 
state printing funds. 

Sec. 4. For the })ur])ose of enforcing this act and mak- 
ing it practical, township trustees, boards of school trus- 
tees and boards of school commissioners shall have the 
power, and it is herewith made lawful for said trustees and 
said boards to make a levy not to exceed five cents (5 cents) 
on each one hundred dollars ($100.00), the sum thus raised 
to be added to the special school fund, but to be used only 
for building and furnishing of schoolhouses. This levy 
shall not be made unless plainly necessary. 

Sec. 5. Any township trustee or the members of any 
board of school trustees or any teacher or any person who 
violates any provision of this act, except as herewith or 
otherwise provided, sliall u])on conviction, be fined not less 
than $50.00. 

Sec. 6. All laws in conflict with this act are repealed. 



13 



ELECTION OF COUNTY SUPERINTENDENT. 

(Acts 1911, p. 28.) 

Section. 1. Be it enacted hy the General Assembly of 
the State of Indiana, That section one (1) of the above en- 
titled act be amended to read as follows : Section 1. 
The township trustees of each county of this state 
shall meet at the office of the auditor of their county 
on the first Monday in June, 1911, at 10 o'clock a.m., and 
every four years thereafter, and elect by ballot a county 
superintendent for their county. Such county superintend- 
ent, unless sooner removed, shall hold his office until his 
successor is elected and qualified. Before entering upon 
the duties of his office he shall subscribe and take an oath to 
perform faithfully such duties according to law; which 
oath shall be filed with the county auditor. He shall also 
execute a bond, to the approval of the county auditor, pay- 
able to the State of Indiana, in the penal sum of five thou- 
sand dollars, conditioned upon the faithful discharge of 
his duties, according to law, and faithfully to account for 
and pay over to the proper persons all moneys which may 
come into his hands by virtue of such office. As soon as 
such bond be filed, the county auditor shall report the 
name and postoffice of the person so elected to the state 
superintendent of public instruction. Whenever a va- 
cancy may occur in the office of county superintendent the 
said towfiship trustees, on at least three days' notice 
given by the county auditor, shall assemble at 10 o'clock 
a. m., on the day designated in such notice, at the office of 
such auditor, and fill such vacancy by ballot for the unex- 
pired term. In all elections of a county superintendent 
the county auditor shall be the clerk of such election; and 
in case of a tie vote the auditor shall cast the deciding 
vote. In case any one candidate shall receive a number 
of votes equal to one-half of all of the trustees of the 
county, then the county auditor shall then and at all sub- 
sequent ballots cast his vote with the trustees until scrtne 
candidate shall receive a majority of all the votes in the 



14 

county, including the county auditor. Such auditor shall 
keep a record of such election in a book kept for that pur- 
pose. 

QUALIFICATIONS AND SALARY OF COUNTY SU- 
PERINTENDENT. 

(Acts 1911, p. 156.) 

Section 1. Be it enacted by the General Assembly of 
the State of Indiana, That no person shall be eligible to 
or shall hold the office of county superintendent, who has 
not been actively engaged in school work for a period of not 
less than two years out of the ten years next preceding 
his election, and hold at the time of his election, either 
three years state license, a sixty months license, a life or 
professional license, granted upon examination as now pro- 
vided by law. 

Sec. 2. The county superintendent shall receive a sal- 
ary for his services as follows : 

Adams county $1,408 50 

Allen county 1,408 50 

Bartholomew county 1,408 50 

Benton county 1,408 50 

Blackford county 1,408 50 

Boone county 1,408 50 

Brown county 900 00 

Carroll county 1,400 00 

Cass county 1,408 50 

Clark county 1,408 50 

Clay county 1,408 50 

Clinton county 1,408 50 

Crawford county 1,400 00 

Daviess county 1,408 50 

Dearborn county 1,408 50 

Decatur county 1,408 50 

Dekalb county 1,408 50 

Delaware county 1,408 50 

Dubois county 1,408 50 



15 

Elkhart county $1,408 50 

Fayette county 1,408 50 

Floyd county 1,408 50 

Fountain county 1,408 50 

Franklin county 1,408 50 

Fulton county 1,408 50 

Gibson county 1,408 50 

Grant county 1,408 50 

Greene county 1,408 50 

Hamilton county 1,408 50 

Hancock county 1,408 50 

Harrison county 1,408 50 

Hendricks county 1,408 50 

Henry county 1,408 50 

Howard county 1,408 50 

Huntington county 1,408 50 

Jackson county 1,408 50 

Jasper county 1,408 50 

Jay county 1,408 50 

Jefferson county 1,408 50 

Jennings county 1,408 50 

Johnson county 1,408 50 

Knox county 1,408 50 

Kosciusko county 1,408 50 

Lagrange county 1,408 50 

Lake county 1,408 50 

LaPorte county 1,408 50 

Lawrence county 1,408 50 

Madison county 1,408 50 

Marion county 1,408 50 

Marshall county 1,408 50 

Martin county 1,408 50 

Miami county 1,408 50 

Monroe county 1,408 50 

Montgomery county 1,408 50 

Morgan county 1,408 50 

Newton county 1,408 50 

Noble county 1,408 50 

Ohio county 800 00 



16 

Orange comity $1,408 50 

Owen county 1,408 50 

Parke county 1,408 50 

Perry county .1,408 50 

Pike county 1,408 50 

Porter county 1,408 50 

Posey county 1,408 50 

Pulaski county 1,408 50 

Putnam county 1,408 50 

Randolph county 1,408 50 

Ripley county 1,408 50 

Rush county 1,408 50 

Scott county 1,000 00 

Shelby county 1,408 50 

Spencer county 1,408 50 

Starke county 1,408 50 

Steuben county 1,408 50 

St. Joseph county 1,408 50 

Sullivan county 1,408 50 

Switzerland county 1,400 00 

Tippecanoe county 1,408 50 

Tipton county 1,408 50 

Union county ^ 1,325 00 

Vanderburgh county 1,408 50 

Vigo county 1,408 50 

Vermillion county 1,408 50 

Wabash county 1,408 50 

Warren county 1,408 50 

Warrick county 1,408 50 

Washington county 1,408 50 

Wayne county 1,408 50 

Wells county . 1,408 50 

White county 1,408 50 

Whitley county 1,408 50 

Sec. 3. The traveling expenses of the county superin- 
tendent, not exceeding one hundred dollars ($100) annu- 
ally, incurred while in the discharge of his official duties 
within his county shall be paid by the county treasurer 



17 

upon a warrant issued by the county auditor. The county 
superintendent shall make affidavit to the county auditor, 
before such warrant shall issue from the county auditor 
to the county treasurer. 

Sec. 4. The board of county commissioners may au- 
thorize the county superintendent to appoint an assistant 
to assist him in the execution of his official duties if in their 
judgment such an assistant is necessary. Such assistant 
shall be appointed by the county superintendent and shall 
work under his direction and supervision. Such assistant 
shall receive for his services rendered, an amount not to 
exceed three dollars per day for not to exceed one hundred 
and twenty days in any one year. Such amount to be paid 
by the county treasurer upon warrant issued by the county 
auditor. 



EXAMINATION OF TEACHERS IN SPECIAL 
BRANCHES.— (Exemption License.) 

(Acts 1911, p. 134.) 

Section 1. Be it enacted by the General Assembly of 
the State of Indiana, That teachers in commissioned high 
schools, and in the manual training, domestic science and 
art, and kindergarten departments of the elementary and 
high schools, and teachers of German, music, drawing, 
physical culture and other special branches of instruction 
shall be examined by the county superintendents of schools 
at the times of regular teachers' examinations upon the 
branch or branches they are employed to teach, and in 
case they pass such examination successfully, they shall 
be licensed to teach such branch or branches for one, two 
or three years, according to the grades obtained upon such 
examination. Such license, however, shall not legally 
qualify its holder for the teaching of any branch or 
branches not covered ])y such examination, and such 
teachers at the time of examination shall have the right 
to elect to have their manuscripts sent to the state depart- 

[3-26760] 



18 

ment of education for grading npon the terms and condi- 
tions prescribed for other teachers. 

Sec. 2. Any person who has previously taught for six 
(6) consecutive years in the common schools of the state, 
and who shall at this time hold a three years' license to 
teach in the elementary or high schools of the state, or 
who shall hereafter obtain such three (3) years' license 
to teach therein, so long as he shall teach the branch or 
branches upon which the license was issued, shall be for- 
ever afterward exempt from examination, but if such x)er- 
son shall, after said exemption occurs, suffer a period of 
one year to pass without having taught one full school 
year in the common schools of the state within said period 
or served in said schools, except in case of physical disa- 
bility, properly certified to by a reputable physician, then 
said exemption shall cease. If said person during such 
exemption, shall seek employment to teach other or higher 
branches in the common schools of the state than those 
branches which were included in the examination upon 
which the three years' license was issued, then he shall be 
examined in such additional branches. The exemption 
shall apply to all licenses whether issued by the county 
superintendent or the state superintendent of public in- 
struction: Provided, That an exemption acquired upon a 
license issued by a county superintendent shall be limited 
to the county in which such license was issued. An ap- 
plicant for a state exemption shall present a certified state- 
ment from a county superintendent showing where and 
when such teacher has taught, and the license upon which 
the request for exemption is based. If the exemption is 
granted, the superintendent of public instruction shall at- 
tach the exemption to the original license. The superin- 
tendent shall charge and collect a license fee of one dollar 
from each applicant for state exemption. 

Sec. 3. All exemption heretofore acquired shall re- 
main in full force so long as the holders thereof shall com- 
ply with the terms of section 2 of this act. 



19 



TEACHERS MINIMUM WAGES. 

(Acts 1911, p. 131.) 

Section 1. Be it enacted by the General Assembly of 
the State of Indian a, That section one (1) of the above 
entitled act be amended to read as follows: Section 
1. That the daily wages of teachers for teaching in 
the public schools of the state shall not be less, in 
the case of beginning teachers, than an amount determined 
by multiplying two and one-half cents by the general av- 
erage given such teacher in his highest grade of license 
at the time of contracting. For teachers having had a suc- 
cessful experience for one school year of not less than six 
months, the daily wages shall not be less than an amount 
determined b}^ multiplying three cents by the general av- 
erage given such teacher on his highest grade of license 
at the time of contracting. For teachers having had a suc- 
cessful experience for three or more school years of not 
less than six months each, the daily wages shall not be less 
than an amount determined by multiplying tliree and one- 
half cents by the general average given such teacher on 
his highest grade of license at the time of contracting. 
All teachers now exempt or hereafter exempt from exami- 
nation shall be paid, as daily wages for teaching in the 
public schools, not less than an amount determined by mul- 
tiplying three and one-half cents by the general average 
of scholarship and success given such teachers : Provided, 
That the grade of scholarship accounted in each case be 
that given at the teacher's last examination, and that the 
grade of success accounted be that of the teacher's term 
last preceeding the date of contracting: and, Provided fur- 
ther, That two per ceat. shall be added to the teacher's 
general average of scholarship and success for attending 
the county institute the full number of days, and that said 
two per cent, shall be added to the average scholarship 
of beginning teachers. 



20 



PAY OF TEACHERS ATTENDING INSTITUTES. 

(Acts 1911, p. 666.) 

Section 1, Be it enacted hy the General Assembly of 
the State of Indiana, That the school board of any city or 
town, and the township trustee of any township, may ad- 
journ the schools of such city, town or township in order 
to allow teachers to attend sessions of schools or insti- 
tutes of agricultural instruction held in the county, and 
the meetings of any teachers' associations, and to visit 
model schools under the direction of trustees or boards 
of trustees and shall pay such teachers a wage for the time 
spent equal to the per diem of such teacher: Provided, 
That not more than three days shall be so allowed in any 
one year. 

Sec. 2. An emergency existing for the immediate tak- 
ing effect of this act, it shall be in force from and after 
its passage. 



LEGAL HOLIDAYS.— (Discovery Day.) 

(Acts 1911, p. 164.) 

Section 1. Be it enacted hy the General Assembly of 
the State of Indiana, That section one (1) of the above 
entitled act be and the same is hereby amended to read as 
follows : Section 1. That the following days, to wit : The 
first day of the week, commonly called Sunday, the first day 
of January, commonly called New Year's day, the fourth 
day of July, the twenty-fifth day of December, commonly 
called Christmas day, and the day appointed or recom- 
mended by the President of the United States or the gov- 
ernor of the State of Indiana as a day of public fasting or 
thanksgiving; the twenty-second day of February, com- 
monly called Washington's birthday; the thirtieth day of 
May, commonly called Memorial day; the first Monday of 
September, commonly called Labor day; the twelfth day 
of October, commonly called Discovery day; and the day 
of any general, national or state election, shall be legal 



21 

holidays within the State of Indiana, and when any of said 
holidays (other than Sunday) conies on Sunday the Mon- 
day succeeding shall be the legal holiday. 



TOWNSHIP TRUSTEE.— DATE OF ELECTION. 

(Acts 1911, p. 113.) 

Section 1. Be it enacted by the General Assembly of 
the State of Indiana, That section one (1) of the above 
entitled act, the same being section 6983 of Burns' Anno- 
tated Indiana Statutes, revision of 1908, be and the same 
is hereby amended as follows: 

Section 1. That the time for holding the election of 
township trustees and assessors, shall be changed from the 
general election on the first Tuesday after the first Monday 
in November, 1912, to the general election on the first 
Tuesday after the first Monday in November, 1914; and 
at the general election on the first Tuesday after the first 
Monday in November of every fourth year thereafter. 

Sec. 2. All laws and parts of laws in conflict herewith 
are hereby repealed. 

BUILDINGS IN TOWNS— USE BY TOWNSHIP. 

(Acts 1911, p. 141.) 

Section 1. Be it enacted by tht General Assembly of 
the State of Indiana, That whenever the owner of a school 
building located in an incorporated town tenders the use 
of the same for school purposes for the school year to the 
trustee of the township within which it is located without 
any charge or expense other than keeping the same in 
proper repair and good condition during such school year, 
such trustee if he deem the use of such school building 
suitable and convenient may use the same for school pur- 
poses in the same manner as township school buildings are 
now used and the employment and paying of teachers, the 
admission of pupils, and conducting school in said build- 
ing, and the care thereof shall be governed by the laws 
applicable to township schools located without such towns 



99 



ABANDONING IN TOWNS OF 1,500 -RESUMING 

CONTROL. 

(Acts 1911, p. 441.) 

Section 1. Be it enacted by the General Assembly of 
the State of Indiana, That section one of the above enti- 
tled act be amended to read as follows: Section 1. 
That any incorporated town in the state, that has 
no school indebtedness, the inhabitants of which do 
not exceed fifteen hundred, as shown by the last pre- 
ceding general census, may, through its town board of 
trustees, abandon and discontinue its management and 
control of public schools within such incorporated town, 
and abolish the board of school trustees therein. Wlien- 
ever a town so discontinuing its board of school trustees 
shall desire to again take control of its school affairs the 
town board may on petition signed by a majority of the 
resident freeholders, pass an ordinance to that effect and 
appoint a board of school trustees : Provided, That when- 
ever a town passes such ordinance to again take control 
of its school affairs as herein above provided, it shall be 
the duty of the county assessor, county auditor and county 
superintendent of schools, to act as an appraising board 
to determine what if any equitable right the township has 
in the school property thus taken over and to determine 
the extent to which such town is indebted to the township, 
and the board of town trustees shall pay over to the town- 
ship such amount as has been so determined, before said 
town shall be permitted to take over the schools : Provided 
further, That such school property shall not be appraised 
and taken over by the town as above provided unless a 
majority of the resident freeholders in the township re- 
siding outside of said town, consent to such transfer : Pro- 
vided further, That no town board shall dissolve the school 
corporation except by consent of a majority of the free- 
holders therein. 

Sec. 2. That the title of the above entitled act be 
amended to read as follows : ' ' An act concerning the dis- 



23 

continuance of school boards in towns having a population 
not exceeding 1,500 inhabitants and prescribing the method 
by which such boards may again take control of its school 
affairs." 



TOWNSHIP TRUSTEES— FUNDS— USES LEGAL- 
IZED. 

• (Acts 1911, ].. G23.) 

Section 1. Be it enacted hy the General Assembly of 
the State of Indiana, That where in any township or town- 
ships in this state there was in the general fund of any 
such township or townships more money than was neces- 
sary for the payment of all expenditures payable out of 
such fund, and the special school fund of any such town- 
ship or townships was indebted beyond the money con- 
taiued in such special school fund, and the trustee, with- 
out fraud, and in good faith, and with the consent and up- 
on the advice of the advisory board of any such township 
or townships, has used the general fund of such township 
or townships for the payment of such indebtedness of said 
special school fund, then the acts of said trustee and ad- 
visory board in using the general fund of said township 
or townships for the payment of the indebtedness of said 
special school fund, are hereby legalized and made valid, 
and said trustee shall not be liable upon his bond for the 
sums so used: Provided, That the provisions of this act 
shall not affect any pending litigation. 



EMERGENCY SCHOOL TOWNSHIP DEBTS LEGAL- 
IZED. 

(Acts 1911, p. 350.) 

Section 1. Be it enacted hy the General Assembly of 
the State of Indiana, That whenever, since the enactment 
of an act entitled ''An act concerning township business," 
approved February 27, 1899, Bums' revised statutes 1908, 
sections 9590 et seq., and prior to March 5th, 1909, any 



24 

township advisory board of any township in the State of 
Indiana, when convened in regular or special session at 
which a quorum of all the then members of such advisory 
board was present and acting, such advisory board by the 
consent and vote of such quorum shall have found that 
an emergency and necessity existed for the construction 
of a new school building or an addition to a then existing 
school building in said township, that the cost thereof 
would be in excess of the sum available therefor out of 
the annual levy in said township, and thereupon, by the 
consent and vote of such quorum, the trustee of said town- 
ship was authorized to borrow money to pay the cost of 
construction of such new school building or of such addi- 
tion to such then existing school building, and to issue and 
make the obligation or obligations of such township there- 
for, but by oversight or neglect such finding, consent, vote 
and authority of said advisory board was not entered of 
record and signed, but said trustee, in pursuance of such 
consent, vote and authority, did, in good faith, borrow 
money necessary for the construction of such school build- 
ing or addition to a then existing school building, and in 
good faith executed the written obligation or obligations 
of such township therefor, to run not exceeding five years 
and to bear not exceeding six per centum interest per an- 
num and such money so borrowed was, in good faith, ac- 
tually expended in the construction of such new school 
building or such addition to a then existing school building, 
then, in all such cases, the indebtedness so authorized and 
contracted, the proceeds of which was so used, and said 
written obligation or obligations so executed therefor, shall 
be and are hereby legalized, validated and made the legal 
obligation or obligations of said school township in which 
such action was taken and such school building or addi- 
tion was constructed, to the same extend [extent] as if such 
finding, consent, vote and action had been duly made, given 
and taken and such record made and signed in strict accord- 
ance with said act approved February 27, 1899, and any 
and all amendments and additions thereof, and thereto and 



25 

any and all amendments of any section thereof, and taxes 
shall be duly levied in said township to raise money to pay 
off such obligation or obligations according to the terms 
thereof: Provided, That nothing in this act shall atfect 
any pending litigation in any of the courts of this state. 

Sec. 2. An emergency for this act is hereby declared 
to exist and it shall therefore be in force and effect from 
and.after its passage. 

DEBT CERTIFICATES LEGALIZED. 

(Acts 1911, p. 141.) 

Section 1. Be it enacted by the General Assembly of 
the State of Indiana, That all orders, .warrants or certifi- 
cates of indebtedness drawn and issued by any township 
trustee on the advice and consent of the advisory board 
of said township against any fund whatsoever, which were 
drawn and issued subsequent to January 1, 1900, being the 
first day of the calendar year for which appropriations 
could have been made, by the township advisory boards^ 
pursuant to the provisions of the act entitled ' ' An act con- 
cerning township business," and which orders, warrants 
or certificates of indebtedness were based upon emergen- 
cies declared by the advisory board and appropriations 
made therefor and for work done and material purchased 
on the order of said advisory board and which orders, 
warrants or certificates of indebtedness were executed by 
the trustee and approved by the advisory board of said 
township and for which the township received the full ben- 
efit, but for the payment of which orders, warrants or cer- 
tificates of indebtedness the advisory board failed at its 
next regular session, after having authorized same, to 
make provision for the payment of the same and which 
orders, warrants or certificates of indebtedness are still 
unpaid and outstanding because of such failure to make 
provision for the payment of same are hereby declared to 
be legal and valid claims against such township: Pro- 
vided, That nothing in this act shall in any way affect any 

[4-26760] 



26 

suit now pending in any of the courts of Indiana but the 
same shall be heard and determined the same as if this act 
had not been passed. 

Sec. 2. The township advisory board of any township 
where orders, warrants or certificates of indebtedness of 
the kind and class described in section 1 of this act are 
outstanding is hereby authorized and empowered to make 
immediately provisions for the payment of such orders, 
warrants or certificates of indebtedness by appropriating 
therefor, as provided in the act creating such advisory 
board any funds in the township treasury not now other- 
wise appropriated, or by maldng a temporary loan of suf- 
ficient funds to make such payments. Such loans to be 
made in accordance with the provisions of the law provid- 
ing for temporary loans and such township advisory board 
shall then at its next annual meeting appropriate and levy 
a sum sufiicient to pay such loan,'X)r by directing the issu- 
ing of bonds of such township in a sufficient amount to 
make such payment, such bonds to be issued as now pro- 
vided for bonds for the building of new school houses, not 
to exceed five years and not less than one-fifth to be paid 
each year, provision for the payment of which to be made 
by the advisory board at each annual meeting until the 
same shall be paid. 

Sec. 3. As soon as the fund provided for by this act 
shall have become available the township trustee shall at 
once give notice that there are funds in the township treas- 
ury to pay such warrants, which notice shall be by publi- 
cation for two successive weeks in two newspapers repre- 
senting opposite political parties of such township, or if 
there be none in the township then in two newspapers of 
opposite political parties of the county in which such 
township is located, and shall describe such orders, war- 
rants, or certificates of indebtedness by reference to the 
fund against which they were drawn and as having been 
issued subsequent to January 1, 1900, and no interest shall 
be paid on any such orders, warrants or certificates of in- 



27 

debtedness after thirty days from the date of the first pub- 
lication of such notice. 

Sec. 4. This act is hereby declared to be remedial 
only, and supplemental to the act entitled ''An act con- 
cerning township business." 

Sec. 5. Whereas, an emergency exists for the taking 
effect of this act, the same shall be in full force and effect 
from and after its passage. 



SCHOOL BOND SALES LEGALIZED. 

(Acts 1911, p. 613.) 

Section 1. Be it enacted by the General Assembly of 
the State of Indiana, That all bonds heretofore issued and 
sold by the township trustee of any township pursuant to 
the order of the advisory board of any such township in 
this state, for the purpose of providing money for the con- 
struction of any school building under color of any stat- 
ute of this state, where the purchase price for said bonds 
has been actually received and retained or used for the 
purjoose for which said bonds were ordered to be sold, are 
hereby legalized; and all proceedings or acts of any such 
advisory board or trustee under which said bonds were 
issued and sold, are hereby fully legalized and declared 
valid. 

Sec. 2. That all bonds heretofore issued and sold by 
the township trustee of any township, pursuant to the or- 
der of the advisory board of any such township in this 
state, for the purjDOse of refunding any outstanding in- 
debtedness of any such township under color of any stat 
ute of this state, where the purchase price for said bonds 
has been actually received and retained by such township 
or used for the purpose for which said bonds were ordered 
to be sold, are hereby legalized ; and all proceedings or acts 
of any such advisory board or trustee under which said 
bonds were issued and sold, are hereby fully legalized and 
declared valid. 



28 

Sec. 3. Nothing in this act contained shall be so con- 
strued as to affect any pending litigation or to legalize any 
bond or bonds issued or sold in excess of any constitutional 
limitation of the amount of indebtedness authorized to be 
created. 

Sec. 4. Whereas, an emergency exists for the imme- 
diate taking effect of this act, the same shall be enforced 
from and after its passage. 



TRANSPORTATION OF PUPILS— ADJOINING 
TOWNSHIPS. 

(Acts 1911, p. 647.) 

Section 1. Be it enacted by the General Assembly of 
the State of Indiana, That in all cases where a township 
has established a centralized school and has provided for 
the transportation of the school children of the township 
to such school, it shall be the duty of the township trustee 
of such township to provide for the transportation of pu- 
pils transferred from schools in adjoining townships when 
such pupils have been transferred to such township school 
and when such transportation will not necessitate any ad- 
ditional wagons or require an additional distance to be 
traveled in such transportation. 

Sec. 2. The township trustee having charge of the 
school from which such children are transferred shall pay 
to the township trustee of the township to which they are 
transferred, an amount equal to the per capita cost of trans- 
portation of the pupils of such township. 



SCHOOLS— TRANSFER OUTSIDE OF STATE- 
TUITION. 

(Acts 1911, p. 487.) 

Section 1. Be it enacted by the General Assembly of 
the State of Indiana, That whenever the children, resident 
in any school corporation of the State of Indiana may be 



29 

better accommodated in the schools of another school cor- 
poration or district outside of the State of Indiana but ad- 
joining such school corporation in Indiana, then the school 
trustee, board of school trustees or commissioners of such 
school corjDoration in which such children reside, shall, upon 
petition of a majority of school patrons of. such school cor- 
poration, grant orders of transfer to all children in such 
school corjooration, between the ages of six and twenty-one 
years who may desire to attend school, to such school cor- 
poration or district outside of the State of Indiana; and for 
each child so transferred, such school trustee of each town- 
ship and the trustees of each school town and school city 
shall pay to such foreign school corporation as a tuition 
fee for each pupil, a sum not exceeding two dollars per 
month for common school education, and a sum not exceed- 
ing four dollars per month for graded high school educa- 
tion, payable from the special fund of such school corpora- 
tion: Provided, That such transfer shall not be made if a 
graded high school be situated within a distance of two 
miles of such school corporation within the State of In- 
diana : Provided, further, That no transfers shall be made 
until a satisfactory written contract shall be executed by 
such school corporation and such foreign school cori)ora- 
tion or proper school authority. 



ELEEMOSYNAEY INSTITUTIONS. 

(Acts 1911, p. 332.) 

Section 1. Be if enacted, hy the General Assembly of 
the State of Indiana, That no person, firm or corporation 
operating or conducting a correctional, charitable, benevo- 
lent or educational institution or training school in the 
State of Indiana, shall be permitted to receive any child 
over the age of six years and under the age of twenty-one 
years as an inmate of such institution or training school 
which child is being educated by any city, town or town- 
ship school corx)oration of the State of Indiana, un- 
less a school transfer issued by the proper school officer 



30 

accompanies the admission of sncli child. Such transfer 
to be binding on the school corporation issuing the same 
so long as such child remains in such institution or train- 
ing school. 

Sec. 2. Any person, firm or corporation operating or 
conducting a correctional, charitable, benevolent or educa- 
tional institution or training school, in the State of Indi- 
ana, failing to send any child of school age to school who 
is not physically or mentally disqualified, and who is not 
sick, shall be guilty of a misdemeanor and upon conviction 
shall be fined in any sum not less than five dollars and not 
more than twenty-five dollars ($25.00), and for each and 
every otfense and each day any child is willfully kept from 
school during the school term, shall be considered a sepa- 
rate offense under the provisions of this act. 

Sec. 3. All laws and parts of laws in conflict herewith, 
are hereby repealed. 



CONTINUANCE OF HIGH SCHOOLS. 

(Acts 1911, p. 483.) 

Section 1. Be it enacted hy the General Assembly of 
the State of Indiana, That in aiiy township or incorporated 
town in which a commissioned or a certified high school 
has been or may hereafter be estal)lished, when the school 
trustee of such township or the school trustees of such 
incorporated town deem it unwise or inexpedient to con- 
tinue the term of the elementary schools for the period 
reouired for a commissioned or a certified high school, 
said trustees are authorized to continue the high school of 
said school corporation for a term not to exceed that re- 
quired for a commissioned, high school. 

Sec. 2. Whereas an emergency exists for the imme- 
diate taking effect of this act, the same shall be in force 
from and after its passage. 



31 
HIGH SCHOOL DISTRICT. 

(Acts 1911, p. 475.) 

Section 1. Be it enacted by the General Assemblij of 
the State of Indiana, That any city or incorporated town 
located in any township or townships in this state and 
which maintains or may hereafter establish and maintain 
a regularly commissioned high school, easy of access and 
which meets the requirements for high school pupils, may 
establish and maintain jointly with any such township or 
townships contiguous thereto or any part thereof and any 
incorporated town located therein, a high school which 
will furnish adequate accommodations for the high school 
pupils in the territory included and the same shall be con- 
stituted and known as a high school district. 

Sec. 2. School commissioners, boards of school trus- 
tees, township trustees or other school officials interested 
may meet and determine the territory to be included in 
such high school district; make provision for ample school 
building or buildings and equipment, and provide for the 
maintenance and support of such high schools as herein 
provided. 

Sec. 3. The school officials of any such township, town- 
ships and incorporated towns may authorize and enter into 
contract with the school commissioners or board of trus- 
tees of any such city or incorporated town to provide such 
high school accommodations for a part or all of their re- 
spective townships or town corporations by the purchase 
of grounds, erection of a building or buildings or by mak- 
ing repairs of present building or additions thereto, and 
by equipping the same in accordance with existing laws 
governing cities and towns in such procedure including the 
issuing of notes or bonds of their respective corporation 
and the payment of the same. 

Sec. 4. The school commissioners or board of school 
trustees of such cities and towns shall prepare and submit 
annually, prior to the time for the levy of school taxes for 



32 

any year, to the school officials of all interested school cor- 
porations of said high school district, an itemized state- 
ment of the cost of all expenditures for improvements and 
maintenance of such high school or schools for the previ- 
ous year, with an itemized estimate of the cost of all pro- 
posed improvements, changes, equipment and expenses in- 
cidental thereto for the ensuing year, including any notes, 
bonds or interest thereon falling due and issued under any 
contract made under the provisions of this act, and such 
school officials shall meet and determine the expenditures 
needed and the total amount required for any unpaid ob- 
ligations, improvements or requirements for the ensuing 
fiscal year of such high school. The total amount shall 
then be apportioned among the several school corporations 
affected or benefited thereby in proportion to the last offi- 
cial assessed valuation in each of said school corporations 
or parts thereof in said high school district. Such officials 
of each school corporation shall pay out of the school 
funds of the township the amount apportioned to their re- 
spective school corporations for the maintenance of such 
high school and may issue notes or sell the bonds of their 
respective corporations for any permanent improvements 
in such high school or pay the same out of the special 
school fund in their discretion. The school corporation 
shall assess such sum on the entire property within the 
school corporation or against the property of that part of 
the school corporation directly benefited. 

Sec. 5. The amounts due from any school corporation 
shall be paid on warrants issued by the order of the proper 
officials of such school corporation to the treasurer of the 
board of school commissioners or board of school trustees 
of such city or town and such funds shall be used only for 
said high school purposes, and no other. 

Sec. 6. If any school corporation shall at any time 
wish to withdraw from said high school district and estab- 
lish a separate high school, they shall receive from the 
school corporations remaining in the said district an equi- 
table amount for their interest in the property of said high 



33 

school district, to be determined by a board consisting of 
the county superintendent, county auditor and county as- 
sessor. The amount thereof shall be paid to the corpora- 
tion and the sum shall be assessed against the remaining 
school corporations as other amounts are assessed. 

Sec. 7. It is the intent of this act that its provisions 
shall be additional to any statutory provisions for the es- 
tablishment and maintenance of high schools. This act 
shall not therefore be construed to repeal, in whole or in 
part, any other statute having to do with the establish- 
ment, maintenance or support of public high schools, ex- 
cept as herein provided. 

Sec. 8. "Whereas an emergency exists for the immedi- 
ate taking effect of this act, the same shall be in full force 
and effect from and after its passage. 



JOINT BUILDING— PETITION— ELECTION. 

(Acts 1911, p. 463.) 

Section 1. Be it enacted by the General Assembly of 
the State of Indiana, That whenever twenty-five legal vot- 
ers residing in any incorporated town and twenty-five le- 
gal voters residing in the same township but outside said 
town shall petition the school board of said town and the 
township trustee of the township in which said town is lo- 
cated to erect a joint schoolhouse for a joint graded 
school, or a joint high school or both, or such modification 
thereof as may be practicable, it shall be the duty of the 
school trustees of said town and of said township trustee 
or of a majority of them to call elections of the voters of 
the town and the voters of the township residing outside 
of such town respectively, for the purpose of determining 
whether a majority of the legal voters of each school cor- 
poration are in favor of building said joint schoolhouse. 
Such elections of the legal voters of the town and the le- 
gal voters of the township outside of the town shall be sep- 



34 

arate and independent. Said trustees shall, upon the filing 
of said petitions, give notice by publication, for three suc- 
cessive publications, in a weekly newspaper, if any, pub- 
lished in said township, and if no weekly is pub- 
lished in said township, then in the nearest paper pub- 
lished in said county, that on a day to be named by said 
trustees that the polls will open at the several voting 
places in said township named in the petition for the pur- 
pose of taking the vote of the legal voters thereof upon 
whether such joint school house shall be built; said elec- 
tions shall be held not less than ten days nor more than 
twenty days after the last publication of said notice. 

Sec. 2. On the day named in said notice such polls 
shall be opened and the votes of the legal voters shall be 
taken upon the question of building such schoolhouse, and 
said election shall be governed by the general laws of the 
state, so far as they may be applicable, except as other- 
wise provided herein. Said trustees shall constitute the 
board of election commissioners and they shall cause to be 
prepared and distrilnited proper ballots. There shall be 
printed on the ballots two squares and words as follows: 



For building the schoolhouse. 

For [Against] building the schoolhouse. 



Each voter desiring to vote for the building of such joint 
schoolhouse shall make a cross with a pencil in the square 
containing the word "yes," and each voter desiring to vote 
against the building of such joint schoolhouse shall mak'e 
a cross in the square containing the word "no." 
Said trustees shall appoint inspectors, judges and 
clerks of such elections. The votes cast at such elections 
shall be canvassed at the office of the township trustee on 
the day following said election at 10 o'clock a. m., and a 
certificate of the votes cast for and against the building of 
said schoolhouse shall be filed with said trustees. If a 
majority of the votes cast at each of such elections are in 
favor of the building of such joint schoolhouse, said trus- 
tees of said school corporations shall proceed to build the 



35 

same, and the townshij) advisoiy board shall make the 
proper appropriation for the proportionate part of the cost 
of said building to be paid by said township. Said trustees 
shall provide a suitable site for said building. 

Sec. 3. The cost of the construction of such joint 
schoolhouse shall be borne by such school corporations in 
proportion to the total amount of taxable property in each 
of such school corporations. If such school town shall not 
have money available to pay for its proportionate part 
of the cost of the construction of said joint schoolhouse, 
the school trustee of such town may issue warrants or 
bonds of such corporation to meet such proportionate 
cost. If there are not sufficient funds available out of the 
annual township \evj to meet the proportionate cost of 
said schoolhouse to be paid by such township, then the 
township advisory board of such township, shall order 
•bonds or warrants to be issued, and the township trustee 
shall issue to^vllship warrants or bonds to meet such pro- 
portionate cost to be paid by such school township. Such 
bonds authorized by this act shall be payable in such 
amounts and at such times as the- trustees of said corpo- 
rations respectively may determine and shall bear such 
rate of interest as may be determined, not exceeding six 
per cent. 

Sec. 4. Any schoolhouse constructed under the provi- 
sions of this act shall be the joint property of said corpo- 
rations, and such property shall be owned by such corpora- 
tions in proportion to the amount paid by each for the 
construction of the same, and said school shall be open to 
all pupils residing in said town or township free of tui- 
tion. The trustees of said school corporations shall have 
the control and management of said schoolhouse and 
school and the right to employ teachers in such school. 
Neither of said corporations shall ever be deprived of its 
ownership in said building except upon full compensation 
for its proportionate interest in the same. 

Sec. 5. All laws in conflict with the provisions of this 
act are hereby repealed. 



36 



FREE KINDEBGARTEN TAX. 

(Acts 1911, p. 112.) 

Section 1. Be it. enacted by the General Assembly of 
the State of Indiana, That section 1 of the above entitled 
act be amended to read as follows: Section 1. That in 
any city having a population according to the last United 
States census of over six thousand the board of school com- 
missioners or school trustees may, in fixing the annual levy 
of taxes for school purposes, include therein two cents on 
each one hundred dollars of valuation for the purpose of 
providing a fund for the support of free kindergarten 
schools in said city. 

Sec. 2. Whereas an emergency exists for the imme- 
diate taking effect of this act, therefore the same shall be 
in force from and after its passage. 



CITIES 3,000 OR MORE— NIGHT SCHOOL. 

(Acts 1911, p. 641.) 

Section 1. Be it enacted by the General Assembly of 
the State of Indiana, That in all cities having a population 
of three thousand, or more, according to the last preceding 
United States census the school trustees of such cities may 
keep and maintain a night school, between the hours of 
seven and nine and a half o'clock p. m. during the regular 
school terms, as a part of the systems of common schools 
whenever twenty or more inhabitants of -such city having 
children between the ages of fourteen and twenty-one 
years of age, or persons over the age of 21 years of age, 
and who by reason of their circumstances, are compelled 
to be employed or have their children employed during the 
school days to aid in the support of such families who de- 
sire to and who shall attend such school, shall petition 
such school trustees so to do. 

Sec. 2. All persons between the ages of fourteen and 
thirty, who are actually engaged in business or at labor 
during the day, shall be permitted to attend such school. 



37 



BOARD OF SCHOOL TRUSTEES— CITIES 55,000 TO 

63,000. 

(Acts 1911, p. 358.) 

Section 1. Be it enacted hy the General Assembly of 
the State of Indiana, That the government of the common 
schools in cities having a population of more than fifty- 
five thousand inhabitants and less than sixty-three thou- 
sand inhabitants, according to the last preceding United 
States census, shall be vested in a board of school trustees, 
which shall consist of five members, elected in the manner 
hereinafter provided. 

Sec. 2. The members of such board of school trus- 
tees shall be at least twenty-five years of age, residents of 
the city, and shall have been such residents of the city for 
at least three years immediately preceding their election. 
They shall be ineligible to any elective or appointive office 
under such board of school trustees and under the govern- 
ment of such city while holding membership on said board. 
They shall not be interested in any contract with, or claim 
against the school city in which they are elected, either di- 
rectly or indirectly: Provided, That this act shall not be 
construed to prevent any one, otherwise eligible, who is 
connected as officer or stockholder in financial institu- 
tions holding school fund deposits under the state 
depository law from holding such office as school trustee. 
If at any time after the election of any member of said 
board, he shall become interested in any such contract 
with, or claim against said school city, he shall thereupon 
be disqualified to continue as a member of said board, and 
a vacancy shall thereby be created. Every member of said 
board shall, before assuming the duties of his office, take 
an oath before some one qualified to administer oaths that 
he posesses all the qualifications required by this act, that 
he will honestly and faithfully discharge the duties of his 
office, that he will not, while serving as a member of such 
board, become interested directly or indirectly, in any con- 
tract with, or claim against said school city, and that he 



38 

will not be influenced during liis term of office, by any con- 
sideration of politics or religion, or anything except that 
of merit and fitness in the appointment of officers and the 
engagement of employes. Each member of such board of 
school trustees shall receive as compensation for his ser- 
vices herein the sum of five hundred dollars ($500.00) per 
annum. 

Sec. 3. The said board of school trustees shall be 
elected on a general ticket for a term of four years by the 
voters of any such city qualified to vote at its city elec- 
tions. The members of such board shall be elected at the 
regular city election of such civil city, and shall be taken 
from the city at large without reference to districts, and 
such election shall be held under the provisions of the gen- 
eral laws governing such city elections, so far as they are 
not inconsistent with the provisions of this act. Not later 
than thirty days before any election for members of the 
board of school trustees provided for in this act, legal 
voters of such city may present names of candidates 
for election as members of said board of school trustees 
to a board of canvassers, consisting of the mayor, the clerk 
and the comptroller of said city in the manner following: 
Each candidate shall be proposed in writing by not fewer 
than two hundred legal voters of such city. No more than 
five candidates may be named in any one petition and no 
legal voter may sign for more than five candidates on peti- 
tion or petitions for any one election. Upon the presen- 
tation of such petitions to said board of canvassers, the 
said board of cativassers shall publish for five clays the 
names proposed, in at least two of the daily newspapers 
printed and published in said city, and shall certify at the 
time required by law such nominations to the regular board 
of election commissioners for said city election, who shall 
prepare ballots printed on plain paper which shall con- 
tain the names of all such candidates, arranged in order 
to be determined according to lot by said board of can- 
vassers. There shall be nothing on said ballot, except as 
otherwise provided herein, and except the names of the 



39 

candidates and the offices to be filled, together with the 
square in front of each name and a statement at the head 
of the ticket of the number of trustees for whom the elector 
may vote. Such ballot shall be voted at said regular city 
election and deposited in a separate ballot box provided 
for the purpose. The name of any candidate shall not be 
thus published and placed on the official ballot by the said 
board of canvassers if it shall appear that he is ineligible 
for membershiiD on the said board of school trustees un- 
der the provisions of section two (2) of this act. Each 
elector may vote for five candidates by making a cross in 
the square opposite the name of each candidate for whom 
he votes. The five candidates who have the highest num- 
ber of votes shall be declared elected. The vacancies in 
said board of school trustees shall be temporarily filled 
by the board as soon as practicable after such vacancy oc- 
curs, except as hereinafter provided. Any such member 
so chosen to fill such vacancy shall hold office until the first 
Monday in January following the next general city elec- 
tion, and until his successor is elected and qualified: Pro- 
vided, lioivever, That in case the term of any trustee-elect 
as provided in section 5 of this act, shall commence at the 
date of any vacancy occurring prior to the first Monday 
in January following the next general city election after 
the taking effect of this act, then in that event, the then 
board of school trustees shall not fill such vacancy but it 
shall be filled hj such trustee-elect, who shall serve as pro- 
vided in section 5 herein ; and that in case the term of of- 
fice of any trustee-elect shall commence at a date sub- 
sequent to the date when such vacancy occurs, the term 
of office of the trustee chosen by the board to fill such va- 
cancy shall extend only to the date of the commencement 
of the term of such trustee-elect and until such trustee- 
elect is qualified, and such trustee-elect shall serve as pro- 
vided in section five (5) of this act. 

Sec. 4. At the next general city election after the tak- 
ing effect of this act, five members of the board of school 
trustees shall be elected to serve as herein provided, and 



40 

each of said trustees shall hold office for a term of four 
years, and until his successor is elected and qualified. 

Sec. 5. School trustees holding office in such cities at 
the time of taking effect of this act who obtained such of- 
fice by election by popular vote, or by appointment by the 
city common council, and school trustees-elect who obtained 
such election by popular vote, or by appointment by the 
city common council, whose terms of office have not com- 
menced at the time of the taking effect of this act, shall 
continue to hold, and take and hold, office therein respec- 
tively as such school trustee in such cities during the 
terms of office for which they were so elected and so ap- 
pointed. And if any such city shall have a less number of 
trustees than five at the time of the taking effect of this 
act, the full number of five shall immediately be made up 
by the then board of school trustees of such city selecting 
persons to fill the place or places on such board of school 
trustees, and the new member or members so selected shall 
serve until the first Monday in January after the next gen- 
eral city election and until his, . or their successor or suc- 
cessors are elected and qualified. 

Sec. 6. The five trustees elected as provided by sec- 
tion four (4) of this act shall take office as vacancies may 
occur by reason of the expiration of the terms of office 
of the trustees as provided in sections three (3) and five 
(5) herein, and said trustees shall take office in the order 
of the highest jiumber of votes received at said election. 
If any number of said trustees shall receive the same num- 
ber of votes, the order in which they shall respectively 
take their office shall be determined by lot. At each suc- 
ceeding general city election, there shall be elected five 
school trustees who shall respectively succeed the mem- 
bers serving as school trustees of any such city, upon 
the expiration of their respective terms of office, in 
the same order as hereinbefore provided. And each of 
said trustees, shall hold office for a term of four years and 
until their successors respectively are elected and qualified. 



41 

Sec. 7. Whenever any city wMcli has not the requisite 
population to bring it within the provisions of this act 
shall, according to any United States census hereafter ta- 
ken, have a population of more than fifty-five thousand 
inhabitants, and less than sixty-three thousand inhabi- 
tants, then this act shall in all respects apply to and 
govern such city from thenceforth. 

Sec. 8. It is the meaning and intention of this act, 
that the same shall not affect any pending litigation but 
the same shall be concluded, and judgment rendered and 
enforced as if this act had never been passed ; and that all 
school trustees in cities contemplated by this act now le- 
gally in office, or which are elected and are hereafter to 
take office, under a valid law of this state, shall do so, and 
all questions as to the legality or illegality of their election 
shall not be disturbed by the provisions of this act. 

Sec. 9. Whereas, an emergency exists for the imme- 
diate taking effect of this act, the same shall be in full 
force and effect from and after its passage. 



CITIES OF FIRST CLASS— COMMITTEES— VA 

CANCIES. 

(Acts 1911, p. 528.) 

Section 1. Be it enacted hy the General Assembly of 
the State of Indiana, That section six (6) of the first above 
entitled act, approved March 4, 1899, be and is hereby 
amended to read as follows : All standing commit- 
tees provided for by the rules of said board shall be 
appointed by the president within two weeks after 
his election. All vacancies in offices directly or in- 
directly under the control of the board of school com- 
missioners shall on their occurrence be filled for the un- 
expired terms in the same manner as is prescribed for the 
regular appointment or election : Provided, That no such 
election to be made by direct vote of the board of school 
commissioners shall take place before the regular meeting 



42 

next subsequent to that at which such vacancy is reported 
to said board. Subject to the limitations herein stated 
said board shall have power to fix salaries of all officers, 
agents, teachers, or other employes, in the employ of the 
board. Such board shall adopt such schedule of salaries 
as it may deem proper ; and, for this purpose, shall divide 
all teachers, principals and other employes, into classes 
based upon exi^erieuce or responsibility or both and each 
principal, teacher, or employe in any one of such classes 
shall receive the same compensation given to each of the 
other members of the same class. It shall have the power 
to fix the time of meetings, except' that one regular meeting 
shall be held each month; and to make, amend and repeal 
by-laws and rules for its procedure and for the govern- 
ment and management of the schools and school property 
under its control. But the rules and by-laws of the board 
of school commissioners superseded by this act so far as 
they are not inconsistent with the provisions hereof shall 
remain in force and be binding upon the board of school 
commissioners until such time as it shall adopt new rules 
and by-laws to supersede them. 

Sec. 2. Be it further enacted that section nine (9) 
of the first above entitled act, approved March 4, 1899, be 
and is hereby amended to read as follows: [Section 9.] 
At their first regular meeting in April, 1913, and each 
four years thereafter the commissioners shall elect a su- 
perintendent of schools, a business director, a secretary, a 
librarian and a superintendent of buildings and grounds 
who shall ser\^e for four years from the date of their elec- 
tion and shall be removable at any time by a vote of three 
members of said board of school commissioners. The 
business director shall be the executive officer of the board 
•He shall execute for the board of school commissioners in 
the name of the school city its contracts and obligations, 
except that bonds issued shall be signed by the president 
and attested by the secretary; he shall see that all con- 
tracts made by or with the board shall be fully and faith- 
fully performed ; he shall have the care and custody of 



43 

all property of the school board not otherwise specified and 
provided for; he shall purchase all supplies subject to 
the rules of the board or the provisions of this act; and 
generally shall execute and carry into effect all matters 
and things authority for which shall have previously been 
granted by the board as herein provided. 

Sec. 3. Be it further enacted that section ten (10) of 
the first above entitled act, approved March 4th, 1899, be 
and is hereby amended to read as follows: [Sec- 
tion 10.] The superintendent of schools shall have 
the power to appoint and discharge all principals, super- 
visors, assistants and teachers authorized by the board 
subject to the limitations of this act stated and shall re- 
port to the board annually and oftener if required as to 
all matters under his supervision: Provided, That the 
board of school commissioners shall approve of the ap- 
pointment of assistant, principals, supervisors and teach- 
ers unless four of such members disapprove of the same. 
He may be required by the board to attend any or all of 
its meetings and may take part in the deliberations but 
shall not vote. He shall select and report to the board all 
charts, maps, textbooks and apparatus to be used in the 
schools of the said city except the high schools, normal 
and manual training schools, conforming however so far 
as may be to the provisions of the general law of the State 
of Indiana, governing school books. In like manner he 
shall report to the board all text-books, maps, charts and 
apparatus to be used in the high schools, normal and man- 
ual training schools, which charts, maps, text-books and ap- 
paratus shall have first been selected by a committee con- 
sisting of said superintendent of the schools, the principal 
of the high schools, the principal of the normal school, the 
principal of the manual training school and the head of 
each department in which such maps, charts, text-books 
or apparatus is to be used. The librarian shall 
have charge of all libraries under control of the 
school board and shall recommend to the board 
for purchase, after the approval of the library ad- 



44 

visory committee, all books, maps and charts, aud such 
other things as are necessary for the equipment and main- 
tenance of the libraries. The librarian shall employ and 
discharge all assistant librarians and other employes em- 
ployed in and around such library buildings subject to the 
limitations of this act stated and not otherwise provided 
for, and shall report monthly and annually and oftener 
if required as to all matters under the supervision of such 
office. The secretary of the board shall keep all records and 
documents belonging to the school board and shall attend 
each meeting of the board and transcribe a true record 
of all its proceedings and report upon all things coming 
under the supervision of his office. He shall receive a 
salary not to exceed two thousand five hundred dollars per 
year to be fixed by the board of school commissioners. 
The superintendent of buildings and grounds shall be 
either a sanitary engineer or shall be skilled in and pre- 
viously engaged in the business of heating, drainage and 
ventilation. He shall take personal supervision of all 
heating, ventilation, plumbing and drainage of all school, 
library and other buildings owned or used by the board of 
school commissioners either in use, or in the course of 
erection or to be hereafter erected by the board. He shall 
see that each janitor, custodian or engineer or other person 
employed in like capacity in or about such buildings shall 
be properly instructed in the care of such boilers, furnaces, 
pipes, electric wires, ventilators and other similar things 
as may fall under their charge. He shall appoint and dis- 
charge all engineers, janitors or other persons employed 
in or about such buildings subject to the limitations of 
this act stated and not otherwise provided for. He shall 
report monthly, annually and oftener if required by the 
board concerning the things under supervision of his of- 
fice. He shall receive a salary not to exceed $2,000 per 
annum to be fixed by the board of school commissioners. 
All other employes of the school board shall be ap- 
pointed by the business director subject to the limitations 
of this act stated. He shall report to the board monthly. 



45 

annually or oftener as required by the board concerning 
the things under the supervision of his office. He shall at- 
tend all meetings of the board and may take part in the 
deliberations subject to the rules but shall not vote. A 
majority of the entire board shall be necessary to elect 
or remove any officer elected by the board of school com- 
missioners as herein provided, and the officer so removed 
shall not be eligible for re-election in any capacity for two 
years. The superintendent of schools, the business director, 
the secretary, the librarian and the superintendent of 
buildings and grounds shall take oaths similar to the oath 
herein prescribed for school commissioners in so far as is 
applicable, before taking office. 

Sec. 4. Be it •further enacted that section eleven (11) 
of the first above entitled act, approved March 4, 1899, be 
and is hereby amended to read as follows : [Section 11.] 
All appointments or discharges or assistant superin- 
tendents, principals, supervisors, teachers, librarians, jan- 
itors, or any other employe of the school board shall be 
reported at the meeting of the board next succeeding the 
date of such discharge by the officer making such discharge 
and shall be subject to the approval of a majority of the 
board. In case any employe of the board shall file in writ- 
ing a request with the secretary for a hearing by the board 
of charges brought against him by any officer or employe 
or other person, opportunity shall be given for appeal to 
the board before fiual action is taken, provided such ap- 
plication for appeal is presented at the same meeting that 
notice of charges or dismissal has been made. In such 
case the board shall consider the apjDeal not later than 
the next regular meeting at which notice of appeal was 
filed. Any such discharge shall operate as a suspension 
only, until approved by the board. 

Sec. 5. Be it enacted that section three (3) of the sec- 
ond above entitled act, approved March 4, 1905, be 
amended to read as follows : That section 1 be amended 
to read as follows : That section 5 be amended to read as 
follows: [Sec. 5.] The board of school commissioners 



46 

shall organize annually at their first meeting in January by 
choosing one of their number president and another, vice- 
president. The treasurer of the city shall be the treasurer 
of the board of school commissioners and shall receive a 
salary not to exceed one thousand five hundred dollars to be 
determined by the board of school commissioners. The 
treasurer shall make a monthly rejoort to the board of all 
amounts received and expended during the month and the 
amount on hand to the credit of the board. He shall give 
bond to the approval of the board in such sum as it may de- 
termine and with not less than two freehold sureties or a 
surety company. 

Sec. 6. Wliereas, an emergency exists for the imme- 
diate taking effect of this act the same shall be in full 
force and effect from and after its passage. 



ART ASSOCIATION CONTRACT— CITIES OF FIRST 

CLASS. 

(Acts 1911, p. 356.) 

Section 1. Be it enacted by the General Assembly of 
the State of Indiana, That in all cities of this state of more 
than 100,000 population, according to the last preceding 
United States census, the board of school commissioners 
thereof be and is hereby authorized, when in its judgment 
the school children and teachers of said city would bene- 
fit thereby, to contract with any well established and well 
equipped art association of such city, corporate or un- 
incori)orated, for admission to its museum and galleries 
and for instruction, by lectures, exhibits or otherwise, as 
the contracting parties may agree, of the school children 
and teachers of such city, in fine and applied arts. The 
price to be paid for such admission, instruction and fa- 
cilities shall be the reasonable worth thereof, in the judg- 
ment of said board, but not more than $10,000 in any cal- 
endar year. Such contracts shall be operative for terms 
of not more than four years each. 



47 

Sec. 2. Whenever any board of school commissioners 
in any city of the State of Indiana having a population of 
more than 100,000, according to the last preceding United 
States census, has heretofore, in good faith, paid into 
any art association of said city, any sum or sums of 
money, under the terms of any enactment of the General 
Assembly then supposed to be valid, and which, after such 
payment, has been held invalid by the supreme court of 
Indiana, and such art association has rendered the services 
required by such enactment, all such payments are hereby 
validated. 

Sec. 3. An emergency is hereby declared for the im- 
mediate taking effect of this act, and, therefore, it shall be 
in force from its passage. 



SCHOOLS— CITIES— FIR,ST CLASS— TRADE AND 

INDUSTRIAL. 

(Acts 1911, p. 96.) 

Section 1. Be it enacted by the General Assembly of 
the State of Indiana, That in all cities of the State of In- 
diana, having a population of 200,000 or over, as shown by 
the last preceding census of the United States, it shall be 
lawful whenever the school city in such city shall have 
acquired title to and possession by gift or donation, of any 
real estate, building, and personal property situated in 
such city, which real estate, buildings, and personal prop- 
erty have heretofore been used for an industrial or trade 
school, for the education of boys, in the trades of print- 
ing, lithography, machinists, moulding, typesetting, brick- 
laying, tile setting, pattern making, and pharmacy, for the 
board of school commissioners or other common school au- 
thorities of such school city, in addition to all other taxes 
now authorized to be levied, to levy annually a tax of 
three cents on each one hundred dollars of property liable 
for taxation for school purposes in such city, to be levied 
and collected as other taxes for school purposes are levied 



48 

and collected, for the purpose of maintaining and operat- 
ing such industrial or trade school, and departments 
thereof, for teaching sundry trades heretofore mentioned, 
and such other trades as may be decided upon by such 
school authorities, and of performing any conditions in- 
cident to the school city's acquisition of the property: 
Provided, That no portion of the taxes so levied and col- 
lected shall be applied to or used for any other purpose. 

Sec. 2. Such board of school commissioners or other 
common school authorities of such city, upon acquiring, by 
gift or donation, title to and possession of real estate, 
buildings and personal property heretofore used as an in- 
dustrial or trade school, as mentioned in section 1 hereof 
shall maintain and operate such school and shall employ 
competent instructors in the various subjects to be taught; 
purchase necessary tools, implements, supplies, and ap- 
paratus, and establish general rules and requirements for 
the admission of pupils, courses of instruction, and the 
conduct of such trade or industrial school as in their judg- 
ment will produce the best results and give instructions 
to the largest number of pupils practicable, and such 
school city may also use the property so acquired for other 
school and library purposes, but in no way that will ma- 
terially interfere with the conduct of trade or industrial 
school or schools thereon. 

Sec. 3. The transfer tuition charge for each child, 
transferred from another common school corporation of 
this state, who shall take any trade or industrial instruc- 
tion in any school upon the real estate so acquired, shall 
be the actual per capita cost of operating the school he at- 
tends, nothing being included in such cost for permanent 
improvements or additions, salaries of superintendents or 
for cost of apparatus or for breakages thereof. If a child 
not entitled to school privileges in said school shall, by said 
school city be permitted to take any trade or industrial in- 
str action in any school u]^on the real estate so acquired, the 
tuition charged such child shall not be greater than the 
per capita cost of operating the school he attends, nothing 



49 

being included in such cost for permanent improvements 
and additions. 

Sec. 4. W^iereas an emergency exists for the imme- 
diate taking effect of this act, the same shall be in full 
force and effect from and after its passage. 



INDUSTRIAL A^D EDUCATIONAL COMMISSION. 

(Acts 1911, p. 407.) 

Section 1. Be it enacted by the General Assembly of 
the State of Indiana, That the governor shall within thirty 
days after this act takes effect apjDoint a suitable com- 
mission of seven persons, either from within or without 
the public service of Indiana, representing the manufac- 
turing, labor, agricultural and educational interests of the 
state, to be known as the commission on industrial and 
agricultural education. 

Sec. 2. The members of the commission shall serve 
without compensation but shall be allowed their necessary 
traveling and hotel expenses while attending to the busi- 
ness of the commission, to be paid on warrants approved 
by the chairman of the commission. 

The commission shall organize within thirty days after 
their appointment by electing a chairman. 

The commission may appoint a secretary either from 
within or without the public service of Indiana and allow 
such compensation, or if appointed within the public ser- 
vice such additional compensation as the commission shall 
determine. All necessary expenses of the secretary in 
connection with the business of the commission shall ])e 
allowed and paid in the same manner as prescribed for 
the payment of expenses of the commission. 

Sec. 3. The commission shall investigate the needs of 
education in the different industries of Indiana, and how 
far the needs are met by existing institutions, and shall 
consider what new forms of educational effort may be ad- 



50 

visable and shall make such investigations as may be prac- 
ticable through printed reports and the testimony of ex- 
perts as to similar educational work done by other states, 
by the United States government and by foreign govern- 
ments. The commission shall hold hearings in at least five 
different communities of the state and invite the testimony 
of interested parties and experts, and shall make a re- 
port to the governor for transmission to the legislature not 
later than January 1st, 1913. 

Sec. 4. The sum of one thousand dollars ($1,000.00) 
annually for two years is hereby appropriated for the pur- 
pose of carrying out the provisions of this act. 

The report of the commission not exceeding 200 pages 
shall be printed by the commissioners of public printing, 
binding and stationery. 

TOWNS NOT OVER 1,000— BONDS— TAX. 

(Acts 1911, p. 102.) 

Section 1. Be it enacted by the General Assembly of 
the State of Indiana, That in all incorporated towns of 
the State of Indiana, having a population of not more than 
one thousand (1,000) according to last preceding United 
States census, the board of school trustees of such school 
towns are hereby authorized and empowered to borrow 
money, and to issue the bonds of such school town to an 
amount not exceeding in the aggregate twenty-five thousand 
dollars, such bonds to bear interest at a rate not exceed- 
ing five per centum per annum, and payable at such time 
within twenty years from the date of issuing such bonds, 
as such school boards may determine. The money obtained 
as a loan on such bonds shall be disbursed by order of such 
board, in payment of expenses incurred in buying grounds, 
building new school houses, or in making repairs on school 
buildings heretofore erected, for such school town, and 
for no other purpose whatever. Before such debt is in- 
curred such school board shall give notice by publication 
for three consecutive weeks in some newspaper published 



51 

in such town, and if there is no newspaper published in 
such town, then in some newspaper of general circulation, 
published in the county in which such town is located, 
which notice shall state the aggregate debt proposed to 
be incurred, the location of the real estate, if it be pro- 
posed to buy real estate, or to erect a new school building, 
on real estate belonging to such town, the character and 
size of the building to be erected, and the nature of the im- 
provement proposed. That for the purpose of raising 
money to pay such bonds, and the interest thereon, as the 
same shall become due, such school board may levy an 
annual tax, not exceeding two per centum including all 
outstanding indebtedness on all taxable property of such 
town as ascertained by the last assessment for state and 
county taxes previous to the incurring of such indebted- 
ness : Provided, however, That such bonds shall not be 
sold at a rate less than one hundred cents on the dollar. 

Sec. 2. This act shall not be construed to repeal any 
law of this state which authorizes school trustees of such 
incorporated towns to levy taxes for school purposes and 
all parts of the general laws of this state not inconsistent 
herewith, and which may be applicable to the general sys- 
tem of common schools, in such towns shall be in full force 
and effect: Provided, This act shall not authorize any 
school board to issue bonds for the payment of the cost 
of construction of any school house, for the erection of 
which a contract shall have been executed prior to the pas- 
sage of this act. 

Sec. 3. Whereas an emergency existing [exists] for 
the immediate taking effect of this act, therefore the same 
shall be in full force and effect from and after its passage. 



52 
SALE OF PEOPERTY. 

(Acts 1911, p. 94.) 

Section 1. Be it enacted by the General Assembly of 
the State of Indiana, That whenever any city or town shall 
have purchased any propertj^ for school purposes in such 
city or town and shall afterwards find that and property so 
purchased is unnecessary for sucli purposes, the board of 
school trustees of such city or town may sell the same when 
in their opinion it is advantageous to such city or town so to 
do, at public auction after twenty days advertisement of 
such sale, to the highest bidder: Provided, That before 
such sale is made such real estate shall be appraised by 
two freeholders, voters of the school corporation in which 
such real estate to be sold is situated, and such appraise- 
ment returned before the advertisement aforesaid to the 
school officer or officers who are to sell the same, in writing 
and on such sale such real estate shall not be sold for less 
than the appraised value thereof, for cash, and upon the 
payment of the purchase money to the treasurer of school 
trustees said board of school trustees shall execute to the 
purchaser a deed of conveyance which shall be sufficient 
to vest in such purchaser all the title of such city or town 
thereto. The money derived from such sale shall be turned 
into the special school revenue of the city or town. 

Sec. 2. All sales of school property heretofore made 
in good faith by the boards of school trustees of any city 
or town are hereby legalized, and declared valid: Pro- 
vided, That this shall not apply to or affect any pending- 
litigation. 

DEPENDENT OR NEGLECTED CHILDREN- 
ADOPTION. 

(Acts 1911, p. 191.) 

Section 1. Be it enacted by the General Assembly of 
the State of Indiana, That any person desirous of adopt- 
ing a dependent child or a neglected child, as defined by 
law, may file his petition therefor in any circuit, probate 
or superior court of this state. 



53 

Sec. 2. Sncli petition shall specify, first, the name and 
residence of such petitioner; second, the name of such 
child, its age, sex and color, whether it has any property, 
and if so, how much; third, the date on which such child 
was adjudged a dependent or neglected child, and the name 
of the court or board of which it is a ward : Provided, 
Such applicant has such information ; fourth, the date such 
child was received into the custody of said petitioner and 
the agency through which it was received. Such petition 
shall be accompanied by the written consent of the court 
or board of which said child is a ward, to such adoption : 
Provided, however, That the board of state charities may 
at any time give its consent to the adoption of such child 
instead of the written consent of the court or board of 
which said child is a ward first being obtained. 

Sec. 3. Such court, when satisfied that it will be for 
the interest of such child, shall make an order that such 
child be adopted; and thereafter such child shall take the 
the name in which it is adopted, and shall be entitled to and 
receive the same rights and interest in the estate of such 
adopted father or mother, by descent or otherwise, as if it 
were the natural heir of such adopted father of mother. 

Sec. 4. After the adoption of such child, such adopted 
father or mother shall occupy the same position toward 
such child that he or she would occupy if the natural 
father or mother; shall be liable for its maintenance and 
education, and in every other way shall be responsible as 
a natural father or mother. 

Sec. 5. Such petitioner shall pay all costs of such pro- 
ceedings. 

Sec. 6. All laws and i)arts of laws in conflict with the 
i^rovisious of this act are hereby rei)ealed. 



54 



EEAL ESTATE SALES LEGALIZED. 

(Acts 1911, p. 149.) 

Section 1. Be it enacted by the General Assembly of 
the State of Indiana, That in all cases where lands have 
been mortgaged to the State of Indiana for the use of 
either the common school fund or the congressional town- 
ship school fund and the mortgage foreclosed by decree of 
any court of competent jurisdiction and the land bid in by 
the county auditor on account of the fund for the use of 
which such mortgage was made; and the same lands have 
thereafter been sold by such county auditor for a sum 
equal to or greater than the full amount of principal, in- 
terest, penalty and cost then due under such mortgage, but 
without an appraisement of said lands having been made 
as required by law and entered of record in said auditor's 
office; and such purchase price has been paid in full and 
such sale allowed to stand, without question by the state, 
for as many as twenty years next after the making there- 
of; such sale shall not be taken or held to be invalid for 
want of an appraisement of such lands prior to the sale 
thereof as aforesaid, nor for failure of any such county 
auditor to cause to be entered in his office a record of the 
proceedings in such matter leading up to the execution by 
him of the deed of conveyance for such lands, nor for any 
other irregularity or informality in the manner of making 
such sale; but every such sale, so made by any county 
auditor, shall be taken and held to be valid, and is hereby 
legalized and made valid, so that the county auditor's 
deed of conveyance in any such case, duly executed and 
entered of record in the records kept in his office, shall 
be effective to pass title to the lands described therein to 
the grantee named therein, in as full and complete man- 
ner as if such sale and conveyance had been made in strict 
and exact conformity to the laws then in force authorizing 
such sales and prescribing the method and manner of mak- 
ing the same : Provided, hoivever. That nothing contained 
in this act shall in any manner affect any pending litiga- 



55 

tion or the title to any lands involved in any past litiga- 
tion growing out of any such sale thereof by any county 
auditor. 

Sec. 2. Whereas an emergency exists for the imme- 
diate taking effect of this act, the same shall take effect 
and be in force from and after its passage. 



RIGHT OF EMINENT DOMAIN— STATE INSTITU- 
TIONS. 

(Acts 1911, p. 468.) 

Section 1. Be it enacted by the General Assembly of 
the State of Indiana, That whenever the board of trustees, 
board of managers, or board of control of any penal, be- 
nevolent, correctional, educational, or other institution be- 
longing to the State of Indiana, shall deem it necessary or 
desirable for the welfare or convenience of such institu- 
tions, to acquire real estate for its use, said institution by 
its board of trustees, board of managers, or board of con- 
trol, is hereby authorized and empowered to condemn such 
real estate, and for that purpose shall possess the right 
and powers secured by an act of the general assembly, 
concerning proceeding in the exercise of eminent domain, 
approved February 27, 1905, shall be subject to the duties 
imposed thereby, and shall conduct such condemnation pro- 
ceedings in conformity therewith: Provided., That before 
any such proceedings are instituted the written consent 
of the governor shall be procured therefor. 

Sec. 2. Whereas an emergency exists for the imme- 
diate taking effect of this act, the same shall be in full 
force and effect from and after its passage. 



56 



HYDEOPHOBIA FUND. 

(Acts 1911, p. 161.) 

Section 1. Be it enacted by the General Assemhly f)f 
the State of Indiana, That the county auditor shall an- 
nually on the first of April of each year pay to the state 
auditor five per cent, of the surplus dog tax collected from 
the townships of the county. The amount received from all 
county auditors shall constitute a state hydrophobia fund 
in the state treasury: Provided, That if at the end of the 
fiscal year such fund shall exceed three thousand dollars 
($3,000) the surplus shall be turned into the school fund 
of the state. 

Sec. 2, When the fund ijrovided for in section one of 
this act shall reach the sum of two thousand dollars, the 
state board of health shall provide means to give the 
Pasteur treatment for persons infected with hydrophobia, 
either in private institutions or in an institution which 
may be established and maintained by the board for that 
purpose whenever they shall so determine and when the 
funds therefor shall be available. For the purposes of this 
act, the auditor of state shall issue warrants on the hydro- 
phobia fund in the state treasury on the presentation of 
itemized vouchers issued by the state board of health and 
attested by the secretary. 

Sec. 3. The state board of health is authorized to pay 
the traveling and living expenses of any person duly certi- 
fied to it for the Pasteur treatment and to pay the traveling 
and living expenses of any child's mother or nurse who 
may be necessary to care for said child during treatment. 
It shall be the duty of the state board of health to pass 
rules for the detailed enforcement of the purposes of this 
act and any one violating any of said iTiles, shall, upon 
conviction, be fined in any sum not exceeding twenty-five 
dollars. When it shall come to the knowledge of any health 
officer in the state that any person within his jurisdiction 
has been bitten by a dog known or supposed to have hydro- 
phobia, he shall investigate the case and if he find such 



57 

person to be affected or in danger of being affected with 
hydrophobia, and that such person has no visible means 
with which to pay for the Pasteur treatment, he shall re- 
fer the case to the state board of health. The state board 
of health shall thereupon take charge of such case and 
cause such person to be treated with the Pasteur treat- 
ment according to such rules as may be prescribed by the 
board. 

Sec. 4. Any animal known to be infected with hydro- 
phobia shall be quarantined or killed by its owner on the 
order of the local health officer and on the failure of the 
owner to kill or quarantine such animal, the health officer 
shall cause such animal to be killed. 

Sec. 5. Whenever, in the judgment of the health offi- 
cer of any town, city or county there is danger of the out- 
break or spread of hydrophobia within his jurisdiction, he 
shall thereupon order, with the consent and aid of the 
sheriff, the muzzling or quarantining in such territory as 
they may deem proper of all dogs and other animals during 
such* period as they may deem necessary. Such order 
shall be given in writing to the person or persons con- 
cerned, if demanded. All police officers, sheriffs, con- 
stables and marshals shall kill any dog running at large 
without a muzzle in the locality where the muzzling of dogs 
is ordered, as herein provided. 

Sec. 6. Any officer neglecting or refusing to fulfill the 
duties as set forth herein, or any person or persons who 
violate this act or who may resist legal orders as herein 
provided, shall, upon conviction, be fined in any sum not 
less than five nor more than fifty dollars. 

Sec, 7. An emergency existing, this act shall be in 
force from and after its passage. 



58 



INTOXICATING LIQUOKS— LICENSE FEE FUND. 

(Acts 1911, p. 244.) 

The following is section 5, of the above named act. 

Sec. 5. Upon the execution of the bond required by 
this act, the presentation of the order of the board of com- 
missioners granting the applicant a license and the county 
treasurer's receipt for two hundred dollars, the county 
auditor shall issue the applicant a license for the sale of 
intoxicating liquors with the privilege of permitting the 
same to be drunk on the premises as stated in the aforesaid 
application, which license shall specify the name of the 
applicant, the place of sale, and the period of time for 
which such license is granted, and where the license is is- 
sued to a corporation also stating therein the name of the 
agent designated in the application: Provided, That none 
of the provisions of this act shall apply to any person, co- 
partnership or corporation engaged in business as a whole- 
sale dealer who does not sell in less quantities than five 
gallons at a time, nor shall the same prevent any person, 
otherwise qualified, who alone or with others is engaged 
as a wholesaler, from taking out retail license under all 
the conditions and restrictions provided in case of appli- 
cation for retail license by individuals : Provided further, 
That hereafter all licenses may be renewed from time to 
time for the period of one year, as such license, or any re- 
newal thereof, may expire, by such licensee filing an appli- 
cation for such renewal with the auditor of the county 
wherein such license was issued, at the time, and in the 
manner hereinbefore specified, and by giving notice thereof 
as hereinbefore provided : Provided, That remonstrances 
may be filed by any voter of the township against the 
granting such application in the same manner and for the 
same reasons as remonstrances are filed against appli- 
cants for license: Provided further, That the license fees 
by this act required to be paid to the county treasurer 
shall be paid into the tuition fund of the county in which 
such licensee is licensed to do business. The increase in 



59 

licenses provided for in this act shall not apply to any li- 
cense now* in force, until the expiration of the time fof 
which snch license was granted. The license fees provided 
for in this act shall be the only fees required for the issuing 
of license to sell intoxicating liquors at retail. 

The following is section 25 of the above named act. 

Sec. 25. Wholesale dealers in intoxicating liquors, as 
heretofore defined by any law of this state, and manufac- 
turers of spirituous, vinous and malt liquors shall, not- 
withstanding the passage of this act, continue to have all 
the rights to sell such liquors which they possessed under 
any law of this state in force at the time of the passage of 
this act. In addition thereto, any person, firm or corpora- 
tion engaged bona fide in business as such wholesaler, or 
any person, firm or corporation engaged as a bona fide man- 
ufacturer of spirituous, vinous and malt liquors, whose 
place of business is situated in any city or incorporated 
town where the sale of intoxicating liquor is not forbidden 
by law or any proceeding thereunder, desiring to sell and 
deliver goods so manufactured or handled by such jDcr- 
son, firm or corporation to families, consumers and custom- 
ers, as an incident to the business of such wholesaler or 
manufacturer, may make application for such privilege 
to the board of commissioners of the county in which such 
place of business is located, describing generally therein 
the premises upon which it is desired to sell such liquors. 
Notice of such application shall be given as in case of 
application for retail liquor license. Any qualified voter of 
the township wherein such privilege is to be exercised may, 
at least five dajs prior to the first day of the term at which 
such application is to be heard, file with the auditor of 
such county a written remonstrance against the granting 
of such privilege upon the ground that such applicant is 
not a bona fide wholesaler or bona fide manufacturer, as 
the case may be. And if upon the hearing, with or without 
remonstrance, the board shall find that the applicant is a 
bona fide wholesale dealer in intoxicating liquors, or a bona 
fide manufacturer of spirituous, vinous or malt liquors, 



60 

as the case may be, and that such privilege is to be exer- 
cised as an incident to and not as the sole or principal part 
of the business of such applicant, such board shall grant 
a license to such applicant to sell intoxicating liquor at 
wholesale upon the payment to the county treasurer of the 
sum of two hundred dollars, one hundred dollars of which 
shall go to the tuition school fund of said county and the 
remainder to the respective city or town where said busi- 
ness is to be conducted. The certificate of license shall be 
issued by the auditor upon the order of the board of com- 
missioners and shall contain the name of the applicant, the 
place of sale and the period of time, which shall be for the 
period of one year, for which the license is granted. A 
license to sell intoxicating liquor at wholesale shall be lim- 
ited to a sale of not less than one gallon at a time and to 
a place where no intoxicating liquor shall be consumed 
in the premises of the seller, and a wholesale license shall 
not be counted in any limitation of the number of licenses 
which may be granted under the provisions of this act. 



DEPOSITORIES. 

(Acts 1911, p. 616.) 

Section 1. Be it enacted hy the General Assembly of 
the State of Indiana, That section twenty-four (24) of the 
above entitled act be and the same hereby is amended to 
read as follows, to wit : Section 24. All public funds 
paid into the treasury of the state, counties, cities 
and towns and school cities and school towns shall be 
deposited daily in one or more designate^ depositories 
in the name of the state, county, municipality, or 
school corporation by the officer having control there- 
of, except that the public funds collected by the sec- 
retary of state, auditor of state, attorney-general, clerk 
of the supreme court, chief oil inspector, commissioner of 
fisheries and game, or any state officer or board having an 
office in the state capitol building other than the treasurer 
of state, shall be deposited with the treasurer of state ; all 



61 

such state funds to be deposited on the day following the 
collection thereof, and the funds collected by the town- 
ship trustee to be deposited in the public depository pro- 
vided therefor, on or before the first and fifteenth days of 
each month: Provided, That all taxes collected by the 
county treasurer shall be deposited as one fund in the 
several depositories selected for the deposit of county 
funds, and except as hereinafter provided, shall so remain 
until the same is distributed at the following semiannual 
distribution made by the county auditor. And no such offi- 
cer shall draw any check upon any such depository for any 
purpose except for the payment of a warrant drawn by the 
auditor of state, or warrant or order drawn by the county 
auditor, or the proper officer of a city, town, school city or 
school town, or in payment of a legal claim against a town- 
ship, and if any such officer or person mentioned herein 
shall fail so to deposit such funds, or shall deposit the 
same in any manner except in accordance with the pro- 
visions of this act, or shall draw any check against such 
funds except as provided for in this act, he shall be deemed 
guilty of embezzlement of public funds and upon convic- 
tion shall be imprisoned in the state's prison not less than 
one year nor more than twenty years, and fined in any sum 
not to exceed one thousand (1,000) dollars, and may be re- 
moved from office under the proceedings authorized by 
law, and shall be liable upon his official bond for any loss 
or damage which may accrue: Provided, further, That if 
any public official charged with any other duty under this 
act shall knowingly fail to discharge and perform the 
same, or shall violate any of the provisions of this act, he 
shall upon conviction thereof be fined in any sum not less 
than $50.00 nor more than $1,000.00, and to it may be added 
imprisonment in the county jail for any period not less 
than thirty days nor more than six months: Provided, 
hoivever. That every county treasurer who, by virtue of 
his office, shall be the collector of taxes for any city, 
town, school city or school town, within his county, shall, 
on the first day of each calendar month, make an estimate of 



62 

such taxes so collected by him for each such city or town, 
school city or school town, respectively, during the pre- 
ceding month and certify the respective amounts to the 
auditor of such county, and the auditor of such county 
shall thereupon draw his warrants upon such county treas- 
urer in favor of such city or town school city or school 
town, for the respective sums so certified, which warrants 
shall be delivered by such auditor to such respective cities, 
towns, school cities or school towns through the city con- 
troller, if any, and if not, then to the city or town clerk, 
and upon the presentation of such warrants to the county 
treasurer he shall promptly pay the same to the treasurer 
of such city, town, school city or school town, which respec- 
tive sums shall be immediately available for the use of such 
city, town, school city or school town, pending a full 
settlement with the county auditor at the time of his next 
regular semiannual distribution of funds and for the pur- 
pose of such monthly certification by the county treasurer 
and the drawing and delivery of such warrants by the 
county auditor and the immediate use of the amounts so 
certified; all moneys collected by the county treasurer 
for the benefit of a teachers ' pension fund shall be deemed 
moneys collected by him for such school city or school 
town within the meaning of this proviso. All war- 
rants and orders for the payment of public money, ex- 
cepting state and township funds, shall be drawn by the 
proper officer upon the proper treasurer, and to each war- 
rant and order when drawn may be attached a readily de- 
tachable slip showing the number, date and amount, name 
of the payee, the purpose, the fund upon which it is drawn, 
and the name and office of the drawer; such warrants and 
orders shall be presentd to the proper treasurer who 
shall detach and retain the slip, and stam]3 upon the war- 
rant or order the name of the depository by which such 
warrant or order is payable, and countersign the same, and 
no warrant or order shall be effective until so stamped 
and countersigned: Provided, however, That the said 
treasurer when any warrant or order shall be presented 



63 

for stamping and countersigning may, after stamping and 
countersiging tlie same, for convenience of the persons pre- 
senting the same, pay the amount thereof to such holder 
presenting the same and take an assignment by endorse- 
ment of such warrant or order and deposit the same in 
the proper depository in lieu of the cash so paid out to the 
holder of such warrant or order. All township warrants 
shall be drawn by the township trustee directly against 
a township depository. 

Sec. 2. Whereas an emergency exists for the imme- 
diate taking effect of this act, the same shall be in full 
force and effect from and after its passage. 



MAXIMUM DEPOSITS. 

(Acts 1911, p. 425.) 

SECTioisr 1. Be it enacted hy the General Assembly of 
the State of Indiana, That section 3 of the above entitled 
act be amended to read as follows : Section 3. That 
section 21 be amended to read as follows : Section 
21. When two or more banks or trust companies 
in the same county, city, town or township, propose 
to become depositories of the funds thereof and offer the 
rate of interest provided for herein, it shall be the duty 
of the board of finance of such county, city, town or town- 
ship to select, impartially, as many of such banks or trust 
companies for depositories as tender satisfactory security 
for such deposits : Provided, That maximum amount of 
deposits to be made in any depository selected by one or 
more of the boards of finance created by this act shall not 
exceed the sum of five hundred thousand dollars ($500,- 
000) : Provided, That the maximum sum to be deposited 
in the several depositories shall be awarded among the qual- 
ifying depositories in proportion to their capital stock and 
surplus : and, Provided, That in the event that the deposi- 
tories qualifying under this act shall not be sufficient in 
number, the board of finance may in its discretion deposit 



64 

in any one or more depositories more than the said sum of 
$500,000: and, Provided further, That all funds of city, 
town, township and school corporations shall be deposited 
in banks, banking institutions or trust companies desig- 
nated as public depositories located within the respective 
limits of such cities, towns, township or school corpora- 
tions, if such there be, which shall accept such deposits of 
funds on the terms herein provided. In case there is no 
bank or trust company, within any city, town, township or 
school corporation, which shall accept such deposits of 
funds on the terms herein provided, then the funds of 
such corporation shall be deposited in one or more qualify- 
ing banks or trust companies of the county or of an ad- 
joining county which are most convenient to such corpo- 
ration, but there shall be no discrimination as between 
banks of equal convenience outside of such corporation. 
In case two or more banks or trust companies are desig- 
nated as depositories the board of finance shall require the 
officer having charge of the funds to deposit and maintain 
the balances in each depository as nearly as practicable 
in proportion to the maximum sum awarded to such de- 
positories, as provided in section 17 of this act: and, Pro- 
vided further, That in case any bank or trust company in 
this state which has been awarded a deposit of public 
funds under this act, and is designated a public depository, 
shall at any time desire to give up and relinquish such de- 
posit of public funds ; or if any bank which has been desig- 
nated a public depository shall increase its capital stock, 
after such award has been made, and such bank shall file 
bond or securities for additional deposits proportionate to 
such increase of its capital stock, then the said board of 
finance, in whose jurisdiction said bank or trust company 
is located, shall have the power and authority to order the 
proper official to draw on the treasurer of such funds for 
the purpose of making such transfer as may be ordered by 
said board of finance. 



LE N 'II 



INDIANA 



SCHOOL LAWS 

Enacted by the General Assembly of 1911 



Arranged by the State Department 
of Public Instruction 



CHAS. A. GREATHOUSE 

St«t« SuperintendeBt 



INDIANAPOLIS'. 

WM. B. bubPobd, contkactob fob statb pbintiwo and binding 

1911 



